Dan Awaza Bashaya & Ors V. The State (1998)

LAWGLOBAL HUB Lead Judgment Report

WALI, J.S.C.

As a result of the murder of Ayuba Chaimang the Chief of Ganawuri Atar Aten. on or about the 29th of November, 1991 at Tahoss Village of Plateau State, the following 18 (eighteen) persons were arrested and charged to court on various counts:-

1. Nani Dangida
2. Dan Awaza Bashaysa
3. Kampa Dachung
4. Danjuma Atsa
5. Gyang Mankon
6. Bandung Maren
7. Nyangai Dagong
8. Dandali Dara
9. Danduk Lochung
10. Isitfanus Kyata
11. Dachung Zango
12. Dalyop Dachu
13. Musa Dalyop
14. Bulus Davou
15. Boyi Dalyop
16. Gyang Ptam
17. Gyang Bashaya
18. Badung Dalyop

After their arraignment before Oyetunde, J. of Jos High Court, Plateau State the pleas to the charges of the accused persons that were present were recorded as follows:-

Conspiracy under section 97 of the Penal Code

1st. 2nd, 3rd, 5th, 6th, 7th, 8th. 9th, 10th. 11th, 13th. 14th. 15th, 16th, 18th, 19th, and 20th pleaded not guilty.

Culpable homicide under section 221 Penal Code

1st, 2nd, 3rd, 5th, 6th, 7th, 8th, 9th, l0th, 11th, 13th, 14th, 15th, 16th, 17th, 18th, 19th and 20th pleaded not guilty.

Wrongful damage and mischief to property under Section 341 Penal Code

1st, 2nd, 3rd, 5th, 6th, 7th, 8th, 9th, 10th,11th, 13th, 14th, 15th, 16th, 17th, 18th, 19th and 20th – pleaded not guilty.

It is to be noted that 4th and 12th accused persons were absent during the arraignment, so their pleas to charges were not taken and the remaining accused persons were renumbered 1-18.

The case proceeded to trial of the accused persons present and whose pleas were taken.

To prove their case against the accused persons the prosecution called 16 (sixteen) witnesses and tendered in evidence some exhibits. The defence also called 2 (two) witnesses while the 1st, 2nd, 3rd and 16th accused persons elected to give evidence and testified.

At the conclusion of presentation of their respective cases. learned counsel for the defence and the prosecution addressed the court after which judgment was reserved.

After considering the evidence, Oyetunde, J. found that the 4th, 8th and 16th accused persons were shown not to have taken part in the commission of the crime and he accordingly discharged them of the remaining 13(thirteen) accused persons each and every one of them was found guilty as charged of conspiracy, murder and mischief to property and convicted accordingly.